House threatens to go solo on Con-Ass

By WENDELL VIGILIA...

January 19, 2018

AFTER being spurned by the Senate, Speaker Pantaleon Alvarez yesterday said the House of Representatives will go it alone in convening a constituent assembly to introduce amendments to the Constitution.

“We’ll push through and continue with our work. We will satisfy the three-fourths of all the members as required by the Constitution (to propose changes),” Alvarez told dzMM.

Article XVII, Sec. 1 of the Constitution provides that “any amendment to, or revision of, this Constitution may be proposed by the Congress, upon a vote of three-fourths of all its Members.”

The provision is interpreted either as the Senate and the House voting separately or as one.

Senators have agreed to boycott the House initiative after congressmen adopted Concurrent Resolution No. 9 convening the House and the Senate into a con-ass to amend or revise the Constitution.

The senators insisted on voting separately from the congressmen, claiming that joint voting will drown them out. The House has 292 members while the Senate has 23.

Alvarez, a lawyer, said the House will push the envelope on Charter change since the Supreme Court will eventually rule on how the two chambers should vote.

Alvarez insisted that voting should be done jointly since the Constitution does not specify that the two chambers should vote separately.

“To me, the letter of the Constitution is clear. It says three-fourths of all the members of Congress, meaning we all have the same votes,” he said.

The Speaker said it would be unfair to congressmen if the voting will be separate since they are the direct representatives of the people, with a specific local constituency, compared to the senators who are considered national officials.

“We’re the nearest link to the people, so why would the vote of a senator hold more weight than that of congressman?” Alvarez said.

Alvarez said he would respect the Senate’s plan to hold its own hearings on Cha-cha if senators will be able to muster the constitutional requirement.

“That’s fine and I’ll respect it if they (Senate) have three-fourths of all the members of Congress. But they’re only 22 there so how can we count the three-fourths?” he said.

Alvarez expressed doubts on the implementation of Sen. Panfilo Lacson’s proposal to expel the senator/s who will attend the House Charter change sessions.

“I don’t know how they can do that. How can you expel (a senator)? That’s a duly elected position and it (joining congressmen’s con-ass) is not a ground for expulsion,” he said.

The Speaker also doubts that a senator’s position to attend the House-initiated con-ass can be considered unethical, saying it is just an exercise of a constitutional duty.

He said he has not yet spoken with senators to personally invite them to attend the deliberations but he is not discounting the possibility that a few may still join them in the con-ass.

“I think it’s impossible that not even one would agree to sit with us,” said Alvarez.

He said he expects Senate President Aquilino Pimentel III, president of the ruling PDP-Laban, to speak out and participate in convening a con-ass.

“He does not have to bring everyone (senators). It would be enough even if he will be the only who’ll join us,” he said.

He said the PDP was founded by former Sen. Aquilino Pimentel, Jr., the Senate President’s own father, who is a federalism advocate.

Alvarez said he and President Duterte joined the party because they were convinced of the merits of federalism.

HANDS OFF

Senate minority leader Franklin Drilon said the Senate has the “exclusive right” to discipline its members who violated its own rules, and this could not be questioned by anyone.

“The last time I read the Constitution, each house of Congress has the exclusive right to discipline its members, which cannot be questioned by anyone, not even the Supreme Court,” Drilon said in a text message.

Sen. Francis Escudero said the House should respect the power and prerogatives of the Senate.

Lacson said the senator who steps on Batasan soil would be expelled from the Senate.

Lacson said it was merely a suggestion that he made during the caucus “to emphasize the fact that we should act as one body in preserving the integrity of our institution.”

“While I admit that the summary expulsion with the speed that I described it is an exaggeration, I was nevertheless serious that such a grave offense of betraying the Senate as an institution should be meted the maximum penalty of dismissal,” he said.

He said none of the senators objected to the proposal.

He said attending a joint session of the House without authorization from the Senate by way of an adopted resolution is “downright idiotic, if not reprehensible, especially if done with malicious intent.”

Senate President Aquilino Pimentel III told Alvarez to do his job and let the Senate do its own.

“The chair (of the committee on constitutional amendments and revision of codes), Sen. (Francis) Pangilinan has given me his word that he will proceed in all good faith and with full transparency and at a reasonable pace,” he said.

Pangilinan also cautioned Alvarez on insisting on joint voting because the people will get mad at an “illegal and selfish Cha-cha.”

Senate President pro tempore Ralph Recto said there is no way the House could conduct its own Cha-cha.

“It takes two to Cha-Cha. Going solo is shadow dancing. Or going up the boxing ring for the 12 full rounds with no opponent and then triumphantly declaring yourself winner by unanimous decision,” Recto said.

Sen. Miguel Zubiri called for a legislative summit among leaders of the Senate and House to break the possible deadlock as to the manner of voting on constitutional amendments.

Sen. Grace Poe said: “Federalism is not a ‘magic pill’ to address all of our country’s problems. If we wanted to strengthen local autonomy, some issues are better addressed through amending the Local Government Code. We need stronger institutions not strongmen. We should enact the Freedom of Information and Anti-Dynasty bills in order to ensure meaningful participation of people in government, with or without Federalism.’

Villanueva also questioned if there is really a need for constitutional amendments, or if the country’s problems could be solved by legislation.

Sen. Paolo Benigno Aquino IV suggested that an anti-dynasty law be first enacted ahead of moves to amend the 1987 Constitution to gain the trust of the people.

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